Correction of Errors in an Arbitral Award - Chapter 26 - Arbitration Law of Czech Republic: Practice and Procedure
Alexander J. Bělohlávek, Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
26.I. MANIFEST ERRORS AND MISTAKES
Clerical and typographical errors, any errors in computation, or any other manifest errors are corrected by arbitrators or a permanent arbitral institution at any time after the detection of such deficiencies by acting either on a motion or, in the absence of a motion, ex officio. At issue here are typographical errors or corrections of facts which are otherwise obvious from the context of the arbitral award, but an error has occurred during the preparation of the written “version” of the award. In principle, there can be no changes that would require the case to be re-heard. There are commonly various errors in the designation of the parties, errors in monetary units or numerical figures, and differences between the same information expressed numerically and then in words. Another typical error is when the “claimant” is mixed up with the “respondent”. Errors in computation include mistakes in the calculation of the amount of interest and charges applicable when a claim is upheld, performance deadlines, etc. The wording “other manifest errors” can be taken to mean oversight or unintentional action where a certain part of a decision would be in logical or formal conflict with other parts or with the written record of the course of proceedings.